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Constitutional Governance of Scheduled areas and Tribal areas in India

Constitutional Governance of Scheduled areas and Tribal areas in India #

Constitutional Provisions for Scheduled areas and Tribal areas  #

CONSTITUTIONAL PROVISIONS 
  • Article 244 in Part X envisages a special system of administration for ‘Scheduled Areas’ & ‘Tribal Areas’.
  • 5th Schedule deals with administration & control of scheduled areas & scheduled tribes in any state except 4 states of Assam, Meghalaya, Tripura & Mizoram. (AMTM)
  • The 6th Schedule deals with administration of tribal areas in 4 NE states of Assam, Meghalaya, Tripura & Mizoram. (NOT MANIPUR)

 

Administration of Scheduled Areas (5th Schedule): Special Attention and Central Responsibility #

Because of the different socio-economic profile of scheduled areas these areas need special attention & the Central Government has greater responsibility for such areas. 

5th Schedule Administration: Empowering Scheduled Areas for Development and Welfare #

Declaration of Scheduled Areas (SAs)
Executive Power of State & Centre
  • State Executive power extends but the Governor has special responsibility. The Governor submits a report to the President regarding administration of such areas. The Centre can give direction to states for such areas.
Tribes Advisory Council (TAC) – 20 members body
  • State has to establish TAC to advise on welfare measures. Consist of 20 members, 3/4th of whom are to be the representatives of STs in SLA. States having STs but no SAs can have TAC if the President directs.
Law applicable to SAs
  • Governor directs if any Central or State Acts apply to such areas or with any modification. Governor can make regulations for peace & good government of SAs after consulting TAC.

 

President as per Constitutional obligation appoints a commission to report on administration of SAs & welfare of STs in states. Two such Commissions have been appointed – U N Dhebar (1960) & Dilip Singh Bhuria Committee (2002).

At present (2019), ten states of India have scheduled areas. These are: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. 

Administration of Tribal Areas in Northeastern States under the 6th Schedule #

  • The 6th Schedule of the Constitution provides for administration of tribal areas in 4 NE states of Assam, Meghalaya, Tripura & Mizoram (AMTM) – NOT Manipur.
  • Such arrangements have been made to protect the culture, customs & civilizations of peoples of such areas who still have not assimilated the life of majorities in such areas.

Features of Tribal areas under the 6th Schedule in Northeastern States #

  1. Tribal areas in states of AMTM have been constituted as autonomous districts (ADs). These ADs fall under state executive authority.
  2. Governors can organize & reorganize the autonomous districts (ADs). Governors can even divide the ADs into several autonomous regions.
  3. Each ADs have a District Council of 30 members for a 5-year term. (26 elected + 4 nominated by Governor). Each autonomous region has a separate regional council.
  4. Powers & Functions of District & Regional Councils: –
  • District & Regional Council administer the areas under their jurisdiction. They can make laws on certain matters like land, forests, canal water, inter alia, but such laws require Governor assent.
  • District & Regional Council can constitute Village Councils/ courts for trial of suits & cases between tribes. Jurisdiction of High Courts over such suits & cases is specified by the Governor.
  • The District Council can establish primary schools, dispensaries, markets, ferries, and roads in the district. It can also make regulations for control of money lending & trading by non-Tribals. But such regulations require the assent of the Governor.
  • They are empowered to assess & collect land revenue & to impose certain specified taxes.
  1. Central or State Acts do not apply to autonomous districts & autonomous regions or apply with specified modifications & exceptions. Governor directs in case of Assam for both Central & State Acts. President directs in case of Meghalaya, Tripura & Mizoram for Central Acts & Governor in respect of State Acts.
  2. Governor can appoint a commission to examine & report on any matter relating to administration of autonomous regions & can even dissolve District & Regional Council on recommendation of such commission.
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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
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